Rajmin Sultana v. The Union of India and 9 Ors

ORDER 13-06-2024 (M.R.Pathak, J) Heard Ms. N Sultana, learned counsel for the petitioner and Mr. K K Parasar, learned CGC for the respondent Nos. 1 to 5. Also heard Mr. H K Hazarika, learned Government Advocate, Assam for the respondent Nos. 7 to 10.

¶2The petitioner's elder brother, namely, Ataur Rahman @ Athwar Rahman, son of Alhaj Samsul Hoque Talukdar @ Haji Samsul Hoque Talukdar, resident of Village-Borhawar, Police Station-Murajhar, District-Hojai was detained in custody by order dated 27.12.2022 issued by the Government of India, Ministry of Finance, Department of Revenue in exercise of the power conferred under Section 3 (1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substance Act (PITNDPS), 1988, directing to detain and keep him in the Guwahati Central Jail, Guwahati , Assam so as to prevent him from engaging in the illicit trafficking of narcotic drugs and psychotropic substances in future.

¶3Pursuant to the said order of detention dated 27.12.2022, the petitioner was detained in Page No.# 3/3 custody under PITNDPS Act, 1988 on 18.01.2023.

¶4Aggrieved by the said order of detention dated 27.12.2022, younger sister of said detenue Ataur Rahman @ Athwar Rahman filed this writ petition.

¶5During the deliberation of the matter, the respondents in the Government of India have filed their affidavit on 10.01.2024.

¶6During pendency of this writ petition, the one year period of detention of the said detenue pursuant to the impugned order dated 27.12.2022 had already expired on

17.01.2024.

¶7Both Mr. K K Parasar, learned CGC as well as Mr. H K Hazarika, learned Government Advocate, Assam, on instruction, submitted that the said detenue Ataur Rahman @ Athwar Rahman is presently in custody and has been detained in the Central Jail at Guwahati in connection with NCB Case No. 03/2022 registered under Section 8 (c) read with Sections 21

(c) and 29 of the NDPS Act, in which he was admitted in the Central Jail, Guwahati on

01.03.2022.

¶8It is also submitted at the bar that the trial of the said NCB Case No. 03/2022 is presently pending as NDPS Case No. 180/2022 before the learned Special Judge (NDPS), Kamrup (Metro), Guwahati.

¶9In view of the above, this writ petition, being infructuous, stands dismissed.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010238702023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:ooW.P.(Crl.)/38/2023 RAJMINoSULTANA D/O-oALHAJoHOQUEoTALUKDARo@oHAJIoSAMSULoHOQUEoTALUKDARo R/O-oVILL.oANDoPO.oBORHAWAR oP.S.oMURJHAR oDOBOKA oDIST.oHOJAI oASSAM oVERSUS THEoUNIONoOFoINDIAoANDo9oORS THROUGHoTHEoSECRETARYoTOoTHEoGOVT.oOFoINDIA oMINISTRYoOFoFINANCE oDEPARTMENToOFoREVENUE oNEWoDELHI. 2:THEoJOINToSECRETARYoTOoTHEoGOVT.oOFoINDIA MINISTRYoOFoFINANCE oDEPARTMENToOFoREVENUEo(PITNDPSoUNIT). o3:THEoDEPUTYoSECRETARYoTOoTHEoGOVT.oOFoINDIA MINISTRYoOFoFINANCE oDEPARTMENToOFoREVENUE oNEWoDELHI. o4:THEoDIRECTORoGENERALoOFoNARCOTICoCONTROLoBUREAU NEWoDELHI-11001. o5:THEoZONALoDIRECTORoOFoNARCOTICSoCONTROLoBUREAU GUWAHATIoZONALoUNIT oGUWAHATI. o6:PREMoNARAYANoJHA INTELLIGENCEoOFFICER oNARCOTICSoCONTROLoBUREAU Page No.# 2/3 GUWAHATI ZONAL UNIT GHY. 7:THE JOINT SECRETARY TO THE GOVT. OF ASSAM HOME AND POLITICAL DEPARTMENT DISPUR. 8:THE SUPERINTENDENT CENTRAL JAIL GUWAHATI. 9:THE JAILOR CENTRAL JAIL GUWAHATI. 10:THE DISTRICT MAGISTRATE KAMRUP(M) ------------ Advocate for : MS. S K NARGIS Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 9 ORS BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA